YASIN MALIK VISA

C O N F I D E N T I A L SECTION 01 OF 02 NEW DELHI 006806

SIPDIS

DEPT FOR CA/VO/L/C, CA/VO, SA/INS
HQ BICE ATTN OIE 428 PROGRAM

E.O. 12958: DECL: 08/31/2015
TAGS: CVIS PREL PTER IN
SUBJECT: YASIN MALIK VISA

REF: A. NEW DELHI 4689


B. NEW DELHI 6691

C. NEW DELHI 6787

Classified By: Ambassador David Mulford for Reasons 1.4 (B, D)


1. (SBU) Action Request: Post recommends that Department
either authorize Post to issue a visa or that Washington
issue a 212(d)(3)(A) waiver of nonimmigrant visa
ineligibilities as appropriate for Yasin MALIK (DOB: 3 April
1965),President of the Jammu and Kashmir Liberation Front
(JKLF),to attend the Organization of the Islamic Conference
(OIC) meeting in New York on September 19-23 and seek medical
treatment in Washington DC. We have submitted Malik's
application details through VISAS DONKEY cable NEW DELHI

6787. NOTE: Given the political sensitivities surrounding
Malik's case, we request that, once Washington agencies make
a decision on Malik's case, they INFORM US FIRST and
authorize us to brief the GOI before/before the decision is
communicated to Malik or the public. End Action Request.

Our Policy Analysis
--------------


2. (C) As the president of the oldest and most prominent
Kashmiri separatist organization, Malik can play a large role
in the peace process in Kashmir and between India and
Pakistan. Malik could also have an influence on the peace
talks between PM Singh and moderate Kashmiri separatists that
are set to start September 5. Although the GOI has confined
its invitation to the September 5 dialogue to the Mirwaiz-led
moderate wing of the All-Party Hurriyat Conference (APHC),
the possibility exists that Malik may also be invited to
participate in dialogue at a later date given his moderate
views. The GOI considers him important enough to the
Delhi-Srinagar peace talks that it allowed him to travel to
Pakistan last spring as part of the delegation of moderate
separatists who met with GOP and Pakistani Kashmir officials
(Ref A). The internal New Delhi-Srinagar dialogue
contributes to progress in the ongoing New Delhi-Islamabad
peace process (Ref B).

Our Recommendation
--------------


3. (C) We should do whatever we can to advance peace between
the two most important powers in South Asia -- also two of
our critical partners in the war on terrorism and extremism.
Malik's non-violent views resonate in Kashmir, as evinced by
the 1.5 million signatures he collected on a petition calling
for an independent Kashmir through non-violent means. His
transformation from a terrorist to a political activist is a
useful example of a committed militant channeling his
ideology into more acceptable tactics. Although Malik was no
saint in the past, we should not obstruct his travel to New
York, where he may advance the cause of peace in J&K by
urging moderation at the OIC meeting. Were we to refuse his
visa, it could become a political issue here, and may serve
to harden Malik's political positions.

Why Malik is going to the US
--------------


4. (SBU) Malik plans to attend a meeting of the OIC in New
York on September 19-23, where his advocacy of peaceful
dialogue in Kashmir may provide a positive influence. He
would like to travel to the US on September 15 for the OIC
event. He also intends to visit Washington following the OIC
meeting for a medical checkup. Malik had a
tympanomastoidectomy and a follow-up operation in Bethesda,
MD in March and September 2001 on his right ear. Due to
continuing problems of hearing acuity, his local physician
recommends an evaluation and possible additional surgery from
the same health provider who treated him in 2001 (Dr. Sanjay
Prasad, Camalier Building, 10215 Fernwood Rd, Suite 301,
Bethesda, MD 20817).

HMG, GOI Reaction Positive
--------------

5. (C) We have heard from Yasin Malik that the UK government
issued him a visa September 1 for travel to the UK en route
to his engagements in the United States. We have also spoken
with Wajahat Habibullah, who is a senior GOI official privy
to most things Kashmiri. Habibullah said he personally
supports Yasin,s visa application, and believes that, while
the GOI would frown upon Yasin,s attendance at the OIC
gathering, it would likely not/not block him from traveling.
Habibullah (STRICTLY PROTECT) said he sounded out a selection
of his key GOI counterparts, and is now more convinced the
GOI would not block Malik from travelling, but stressed we
should not take his opinion as an official decision.

Background
--------------


6. (C) Malik is a former terrorist who committed acts of
violence under the banner of Kashmir liberation, but since
his release from prison in 1994 has renounced violence. His
faction of the JKLF also renounced violence in 1995,
preferring to pursue peaceful methods to achieve an
independent Kashmir. He was jailed in India from 1990 to
1994, and suffers health problems as a result.


7. (SBU) Malik is the subject of 3 "00" Department hits in
the Consular Lookout and Support System, and one "3B" hit for
his previous violent activities. He has a prior visa issued
in 2001.


8. (U) Post POCs are POL Jai Nair or CONS Bill Bartlett.


9. (U) Malik's classified bio is available by doing a Google
search for "Malik" on New Delhi's SIPRNET secure website:
(http://www.state.sgov.gov/p/sa/newdelhi/)
MULFORD